A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-6a, relating to
establishing the offense of setting fires in a public
right-of-way or road; providing a criminal penalty for
violations; and providing for enhanced penalties for
subsequent violations.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-6a, to read as
follows:

ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-6a. Burning personal property in a public right-of-way or
roadway; penalties.

(a) No person may willfully and maliciously set fire to or
burn, or cause to be burned, or aid, counsel, procure, persuade, incite, entice or solicit any other person to burn any property in
a public right-of-way or public road.
(b) Any person violating the provisions of this section is,
for the first offense, guilty of a misdemeanor and, upon
conviction, shall be fined not less than one hundred dollars nor
more than one thousand dollars or confined in a jail for not less
than twenty-four hours nor more than one year, or both fined and
confined.
(c) Any person violating the provisions of this section is,
for a second or subsequent offense, guilty of a felony and, upon
conviction, shall be fined not less than one thousand dollars nor
more than ten thousand dollars or imprisoned in a state
correctional facility not less than one nor more than three years,
or both fined and imprisoned.

NOTE: The purpose of this bill is to establish the offense of
setting fires in a public-right-of way or road; provide a criminal
penalty for violations; and provide for enhanced penalties for
subsequent violations.

§61-3-6a is new; therefore, strike-throughs and underscoring
have been omitted.